Q: Are outside sales employees considered exempt under the outside sales exemption (OSE) if they work from a home office during the pandemic? A: Throughout the last 11 months, the pandemic has required most in-person business activity to go virtual; and this is no less true for employees working in sales. However, Zoom meetings and social distancing have made it challenging for employers to classify their sales force as exempt under the OSE of the…

Q: Are there any new laws or regulations that I should know about as we enter 2021? A: The year 2020 undoubtedly presented many challenges to employers in keeping up with seemingly ever-changing laws and regulations, in large part due to the COVID-19 pandemic that swept our nation. As employers leave the previous year behind and begin focusing on what will follow in 2021, it is important to be mindful of various significant labor and…

Q: Our company has several locations in New Jersey where our employees work in proximity to customers and vendors. Can you please provide details on Governor Murphy’s recent order implementing new workplace health and safety protocols in response to the COVID-19 pandemic? A: On October 28, New Jersey Governor Phil Murphy signed an executive order establishing new health and safety requirements for employers with employees who are physically present in the workplace. Effective November 5,…

Q: Can you provide an overview of Election Day 2020 ballot measures approved by voters that may impact the workplace? A: While President-elect Joe Biden’s victory over incumbent President Donald Trump dominated Election Day 2020, voters also approved various ballot measures that will have repercussions for workplaces throughout the nation. Below find a summary of some of the biggest employment-related ballot measures approved by voters.…

Q: What is the definition of “close contact” for purposes of COVID-19 contact tracing and quarantining requirements? A: The Centers for Disease Control and Prevention (CDC) recently issued guidance that significantly expands the definition of “close contact” for purposes of COVID-19 contact tracing and quarantining requirements. Previously, the CDC defined “close contact” to include only certain individuals who spent at least 15 consecutive minutes within six feet of someone with COVID-19. Because this previous definition…

Q: I understand the New York Department of Labor recently released guidance interpreting the New York State Sick Leave Law. What are the key takeaways? Did the guidance answer the questions left open by the legislation? A: As discussed in our previous post, the New York Sick Leave Law (NYSLL) went into effect on September 30 for accrual purposes, and employees may start using the sick leave on January 1, 2021. The New York…